A payment bond claim is a demand for money from the contractor’s surety under the bond. It is not a claim against the owner’s property. This page explains how the claim works, the deadlines that control it, and the defenses you should expect. It is written for businesses in Tampa, Hillsborough County and the wider Tampa Bay area.
What a Payment Bond Claim Is and Who Can Make One
A payment bond is a promise from the contractor’s surety to pay eligible unpaid parties if the contractor does not. A bond claim runs against the surety and the bond instead.
Who typically qualifies:
- Construction projects often involve subcontractors, and payment disputes can arise among the parties on a job.
- Sub-subcontractors further down the payment chain.
- Construction projects often involve material suppliers, and payment disputes can arise among the parties on a job.
Your contract and the bond’s terms control many details. Read both before you act.
If an unpaid balance on a bonded job has you asking whether you may have a bond claim, our team can talk it through with you at (305) 570-2208. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
When a Lien Is Not Available and Why the Bond Becomes the Route
A bond often becomes the main route when a lien will not reach the project or the time to file a lien has passed. Lien rights can be lost through missed steps. Payments the owner made to the contractor can also change what is still owed.
Public projects follow a different bond framework. Check which rules apply before you choose a path.
A lien and a bond claim can have different defendants and different clocks. Analyze each remedy on its own. The facts that matter for one may not matter for the other.
The Deadlines That Control a Florida Payment Bond Claim
Bond claims run on strict clocks. Missing one can end the claim, so calendar every date from its own trigger.
- The suit clock. Florida’s limitations statute, § 95.11, sets time limits for actions other than recovery of real property, including actions founded on a statutory liability. Under § 95.11(6)(e), within one year, except for actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor as defined in s. 713.01, for private work as well as public work, runs from the last furnishing of labor, services, or materials or from the last furnishing of labor, services, or materials by the contractor if the contractor is the principal on a bond on the same construction project, whichever is later.
- When the claim starts. § 95.031, says a cause of action accrues when its last element occurs. Your final invoice date may not be the right trigger.
- Contract shortcuts. § 95.03, makes void any contract provision that sets a shorter time to sue than the statute allows.
- Pending arbitration. § 95.051, says the running of time is tolled while an arbitral proceeding on the same dispute is pending.
- Other construction claims. Claims tied to the design or construction of an improvement to property follow a separate clock under § 95.11. Do not mix the two.
Some contracts and bonds also require notices before suit. Confirm which ones apply to your project. Keep proof of every notice you send.
How a Payment Bond Claim Works, Step by Step
A bond claim usually moves through five stages: gather records, review the bond, send notice, evaluate the response, and choose a forum.
- Gather records. Collect the contract, subcontract, purchase orders, pay applications, invoices, change orders, lien waivers and payment history.
- Review the bond. Identify the surety, the notice address and the bond’s claim terms.
- Serve notices. Send required notices in the required form and manner. Keep proof of delivery.
- Evaluate the response. The surety may pay, pay part, dispute the amount or raise a defense.
- Negotiate, mediate or sue. Each path needs its own documents.
If the contract requires arbitration, Florida law generally enforces that agreement. Under § 682.02, a court decides whether an arbitration agreement exists. On request, a court must refer civil suits for money damages to mediation under § 44.102, if the requesting party is willing and able to pay the costs or the costs can be equitably divided between the parties, with listed exceptions. Fla. Stat. § 44.102 reads: “(2) A court, under rules adopted by the Supreme Court: (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1.” Disputes that reach court proceed under procedural rules, and each case calls for its own strategy. Federal cases in the Tampa Division follow the Middle District’s local rules.
Defenses Sureties Raise and How Contingent-Pay Clauses Fit In
Sureties often argue that the money was not yet due, that notice came too late, or that the amount is disputed.
- Contingent payment clauses. Some subcontracts make your payment depend on the owner paying the contractor. A surety may argue that clause delays your right to be paid.
- Conditional bonds. Some bonds carry their own conditions. Those conditions can limit what a claimant may recover.
- Late or defective notice. A missed notice step gives the surety a ready defense. This is why the notice step matters.
- Offsets. Expect claims that you owe back-charges or other amounts under the subcontract.
- Fee clauses. If the contract has an attorney’s fee clause, § 57.105, lets the court allow fees to the other side when that side prevails on the contract.
What a Payment Bond Claim Can Cover and What to Expect
A claim can seek unpaid contract balances, approved change orders and material costs. The bond terms, your records and the defenses raised all shape what is recoverable. No amount or outcome can be promised in advance.
After filing, expect the surety to respond, possibly followed by discovery, mediation and a path toward trial or settlement. Florida’s offer-of-settlement statute, § 45.061, does not apply to causes of action that accrue after the effective date of this act. Where it does apply, a written offer stays open 45 days unless it is withdrawn or accepted first. Fla. Stat. § 45.061 reads: “The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree.” An offer that is neither withdrawn nor accepted in that time is deemed rejected. Under § 45.061(6), this section does not apply to causes of action that accrue after the effective date of this act. Where the section does apply, an offer is presumed to have been unreasonably rejected by a defendant if the judgment entered is at least 25 percent greater than the offer rejected, and by a plaintiff if the judgment entered is at least 25 percent less than the offer rejected.
Attorney’s fees follow a general rule. Florida’s Supreme Court in Price v. Tyler states that each party generally bears its own fees unless a contract or statute provides otherwise. Venue also matters. Under § 47.011, actions must be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located; this rule does not apply to actions against nonresidents.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Why Work With Ayala Law PA on Construction Payment Claims
Ayala Law PA focuses on business litigation, construction litigation, contract disputes and real estate litigation in Florida courts and arbitration. The firm’s office is in Tampa, at 1646 W Snow Ave, and it serves businesses in Tampa, Hillsborough County and the Tampa Bay area. Eduardo A. Maura is the responsible lawyer for this page.
On payment bond matters, the firm’s work is practical:
- Reviewing the bond, the subcontract and the payment history.
- Organizing the notice and deadline timeline, with each date tied to its own trigger.
- Handling communications with the surety.
- Litigating in Florida courts or in arbitration when the contract calls for it.
Our team works through your records with you before any notice or filing decision.
Frequently Asked Questions About Florida Payment Bond Claims
Can a subcontractor make a payment bond claim if the owner already paid the contractor?
Sometimes. The payment chain, the bond terms and the notices you sent all affect the answer.
Is a payment bond claim the same as a construction lien?
No. A bond claim runs against the surety and the bond. Construction payment disputes often raise questions about the property involved, and each situation depends on its own facts.
How long do I have to sue on a payment bond in Florida?
Section 95.11 sets time limits for many of these claims, but it has exceptions, including actions governed by s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e). For an action on a payment bond where the principal is a contractor, the time runs from the last furnishing of labor, services, or materials, or from the contractor’s last furnishing on the same project if it is the bond principal, whichever is later. Confirm your trigger date early.
Can a contract shorten the deadline to sue?
Not under Florida law. A contract clause that sets a shorter period than the statute is void under § 95.03.
Does a payment bond claim have to go to mediation first?
Not always. On request, a court must refer most suits for money damages to mediation, with listed exceptions.
Talk Through Your Unpaid Project With Ayala Law PA
If you finished work, are waiting on payment, and are unsure which remedy still works, you are not the first to face that question. Time matters on a bonded job, and the answer depends on your records. Call Ayala Law PA at (305) 570-2208 or use the Ayala Law PA contact page to ask about a case evaluation. A case evaluation carries a fee, and you can ask about it when you call.
